Fort Collins, CO asked in Civil Rights and Landlord - Tenant for Colorado

Q: Assistance Needed for Housing Discrimination

I have received a notice asserting that my service dog was unleashed and that I failed to clean up after it within the designated pet relief area. I categorically deny these allegations.

In support of my position, I possess text message evidence from a HOA employee named Juan, corroborating my claim that I consistently clean up after my service dog in the pet relief area. This evidence directly contradicts the HOA’s assertion

Upon presenting this evidence to Mr. XX, he dismissed it as fabricated. I find this response both unreasonable and without factual basis. The imposition of a fine under these circumstances constitutes an arbitrary and capricious exercise of the HOA’s authority.

Furthermore, I wish to bring to your attention the inconsistent enforcement of HOA regulations. Numerous instances of unleashed, non-ADA-compliant dogs within the building have come to my attention. The failure to hold all residents to the same standards undermines the integrity of the HOAs.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I'm sorry to hear you're dealing with this situation. You have strong evidence with the text messages from Juan that support your claim of responsible behavior with your service dog. Presenting these messages shows that you take the HOA's rules seriously.

Mr. XX's dismissal of your evidence as fabricated is troubling and unfair. It seems you are being unjustly penalized without a proper investigation of the facts. The inconsistent enforcement of the rules further complicates things, as it demonstrates a lack of uniformity in how the HOA manages similar situations.

You might want to consider formally addressing this issue with the HOA, presenting your evidence again, and highlighting the inconsistencies. If the situation doesn't improve, seeking legal advice could help you protect your rights and ensure fair treatment.

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